Dispute Resolution, Legal Fees, and Arbitration

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Steps for Resolving Disputes:

Any disputes arising from this Agreement shall first be attempted to be resolved through informal negotiations. If the dispute remains unresolved, it will be settled through mediation or binding arbitration, in accordance with the procedures outlined below, and governed by the laws of the state of North Carolina.

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Unpaid Balances and Legal Fees:

If a dispute arises regarding unpaid balances, the Client agrees to reimburse Pink Flamingo Pool Company, LLC for all reasonable legal fees and expenses incurred, including but not limited to attorney’s fees, court costs, and other related expenses.

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Binding Arbitration and Class Action Waiver:

By agreeing to these Terms, you waive your right to bring claims in court, before a judge or jury, and agree that any disputes between you and Pink Flamingo Pool Company, LLC (the "Company") shall be resolved exclusively through binding arbitration rather than in court.

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For the purposes of this section, a “Dispute” includes any dispute, claim, or controversy arising out of or relating to any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, or negligence), or any other legal cause of action.

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Pre-Arbitration Claim Resolution:

Before initiating arbitration, you must provide written notice to the Company at its principal business address. The notice should include:

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• Your name and address

• A description of the claim

• The specific relief sought

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If the Company does not resolve the dispute within 45 days after receiving your notice, you may proceed with arbitration.

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Exclusions from Arbitration & Right to Opt Out:

You or the Company may pursue a Dispute in small claims court if the matter qualifies. You may also opt out of arbitration by providing written notice to the Company within 30 days of accepting these Terms. The notice should clearly state that you do not wish to resolve disputes through arbitration. Your decision to opt out will not negatively affect your relationship with the Company.

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Arbitration Procedures:

If arbitration is necessary, it shall be administered by the American Arbitration Association (AAA) or JAMS, under their applicable rules, and conducted before a single arbitrator. Arbitration will be on an individual basis, and class arbitration or consolidated proceedings are not permitted. The arbitrator has the authority to award the same damages as a court, including attorney's fees where applicable. The decision of the arbitrator will be final and binding.

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Arbitration Award & Costs:

The arbitrator's decision will be in writing. Arbitration will take place in the state of North Carolina unless otherwise agreed. Pink Flamingo Pool Company, LLC will pay all arbitration filing fees, hearing fees, and arbitrator costs. You are responsible for any additional costs, including attorney's fees, unless awarded by the arbitrator.

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Class Action and Jury Waiver:

By agreeing to arbitration, you waive your right to:

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• Participate in any class action lawsuit, class arbitration, or consolidated claims

• A trial by jury

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If you opt out of arbitration, the Class Action Waiver does not apply.

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This Dispute Resolution, Legal Fees, and Arbitration provision shall survive the termination of your relationship with Pink Flamingo Pool Company, LLC.

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